November29,2018

The US House of Representatives passed a bill yesterday that may see thousands of new visas issued to Irish citizens every year- if it passes through the Senate.

The E-3 work visa, a 2-year renewable visa that is currently reserved for Australian nationals only, would be issued to Irish citizens from the remainder of unused visas offered to Australians.

Here's everything you need to know about the E-3 visa, and what requirements are needed to apply for one.

What is the E-3 visa?

The E-3 visa, or the “Australian Specialty Occupation Professional” visa, is a visa that currently allows Australian nationals to work and live in America.

According to Australian immigration, the visa was first introduced in 2005 to allow professionals “to capitalise on the opportunities offered under the Australia-United States Free Trade Agreement”.

There is no definite list of “special occupations” eligible for the visa, but it is defined as “theoretical and practical application of a body of specialized knowledge”.

Who is eligible?

At the moment, only Australian citizens are eligible for the visa, but that could be all set to change. The US House of Representatives passed a bill yesterday that could make thousands of Irish people eligible for the visa, if it passes a final vote from the Senate.

What requirements are needed?

To apply for the E-3 visa, a legitimate offer of employment in the US is needed. You also must have necessary academic or other qualifying credentials, and be able to show that you have the “necessary license or other official permission” to practice in the specialty occupation.

There is no age limit on the visa, but a minimum of a bachelor’s degree or at least 12 years experience in the specialty occupation is necessary.

How can I get one?

The first step for Australians interested in obtaining the E-3 visa is to find a suitable job in the US. Once someone has accepted a job offer, they can begin the application with their employer.

The application includes paperwork and a pre-organised interview with a consular officer. There is not yet any details on whether the Irish citizen application will be the same.

How long is the visa for?

The E-3 visa is a two-year visa, but it can be “indefinitely renewed”. It also allows spouses of recipients to work in America during this time, but not their children.

How many visas are issued?

There is currently a total of 10,500 visas available for Australian citizens, but if the bill is passed, the remainder of the visas each year may be issued to Irish applicants.

A maximum of 5,000 will be allocated to Irish citizens if the bill passes in the US Senate.

How much does it cost?

The application fee for Australians currently costs $205 USD (€180).

Why is it now being offered to Irish citizens?

Democrat Richard Neal and Republican Jim Sensenbrenner introduced new legislation to the Congress earlier this year, and it was passed in the House of Representatives during a Congress debate last night.

It is expected to go through the Senate in the coming weeks.

Why did the Congressmen decide to sponsor the bill?

According to Mr Sensenbrenner, passing of the bill would add to the "great legacy" between Ireland and the States.

"The United States was built on hard work and the determination of immigrants - many of them who hail from Ireland. Through their perseverance, they have enabled this country to grow and prosper," he said yesterday.

"I believe in the value and opportunity that comes with legal immigration. I am pleased to have authored this legislation to make the process more efficient for one of our oldest allies, and add to the great legacy of cultural diversity celebrated our country."

November29,2018

It was a rare example of bipartisanship on Capitol Hill – and with the Irish in the middle of it.

The House of Representatives has approved legislation that would allow Irish applicants gain access to the E-3 visa program that is only open to Australians.

The legislation still requires Senate approval but the joining together of House Republicans and Democrats would appear to auger well for a matching measure in the Senate, though the hurdle in that chamber is larger than what it was in the House.

In the latter it was two thirds support, in the Senate it will have to be unanimous.

As it turned out the House voted unanimously on Wednesday evening for H.R. 7164, crafted by Republican Congressman James Sensenbrenner from Wisconsin, and co-sponsored by Massachusetts Democratic Congressman Richard Neal, who chairs the Friends of Ireland group in Congress.

The bill had been in the pipeline for several years and has been tweaked several times, part because of Australian objection to the Irish being allowed to directly compete for the visas, 10,500 of which are awarded each fiscal year.

Instead, Irish hopefuls will be able to apply for those visas not taken up by Australians in each fiscal year.

It might be a second place of sorts but it also would be a first in that the Irish have lacked any large scale access to legal residency in the U.S. since passage of the Morrison visas in the early 1990s.

E-3s do no provide green cards but last for two years and are renewable indefinitely. Spouses of E-3 holders can also live and work legally in the U.S.

A release posted on Rep. Sensenbrenner’s website hailed the House approval of H.R. 7164.

The release carried Congressman Sensenbrenner’s delivered remarks on the House floor prior to the vote.

He said: “The United States was built on hard work and the determination of immigrants – many of them who hail from Ireland. Through their perseverance, they have enabled this country to grow and prosper.

“I believe in the value and opportunity that comes with legal immigration. I am pleased to have authored this legislation to make the process more efficient for one of our oldest allies, and add to the great legacy of cultural diversity celebrated our country.

“This modest proposal would give Irish Nationals the opportunity to work in the U.S. under the non-immigrant visa category of the E-3 Visa, previously reserved only for Australian nationals. Ireland in the meantime, has proposed a reciprocal work visa specific to U.S. nationals so that those wanting to live and work in Ireland can more easily do so.

“The E-3 visa is one of the most efficient U.S. visa options. Applicants outside the United States may apply directly at a U.S. consulate, thus avoiding lengthy processing times with U.S. Citizenship and Immigration Services. The visas are granted for 2 year periods (renewable indefinitely), and the spouses of E-3 visa holders are permitted to apply for employment authorization documents.

“Currently, 10,500 E-3 visas are allocated each year, yet only half of these are used. This legislation would allow Irish nationals to apply for those visas unused by Australian nationals.

“This significant addition to the U.S. immigration system will not only benefit Irish nationals seeking employment in the United States, but also ease restrictions on Americans wanting to live or retire in Ireland.

“In conclusion, I would like to say that this does not increase the number of visas that are authorized in total. It merely allows the Irish nationals to apply for the visas that Australian nationals do not want to use on a year-to-year basis.”

Congressman Neal, who is poised to chair the House Ways and Means Committee in January, invoked the mass passage of the Irish across the Atlantic during the years of the Great Hunger and its aftermath.

“America, to its everlasting credit the land of the great, home of the brave, welcomed them.”

Neal described the U.S. relationship with Ireland as “one of the great relationships in terms of allies that we have in the history of America.”

The E-3 initiative has been supported for some years by Irish immigration reform campaigners in the U.S., Irish American organizations, and the Irish government.

The Irish Times was reporting today that the Irish government’s special envoy to the U.S. Congress, John Deasy, and the Irish embassy in Washington, were advancing talks with senior figures on Capitol Hill and within the Trump administration about expanding access to the coveted visa scheme to include Irish people.

Speaking on Capitol Hill on Wednesday Mr. Deasy said that he welcomed the vote in the House, but noted that it now needed to gain approval in the Senate.

“This is an important step for it to have passed the House, but this now goes to the U.S. Senate where it will need to be considered under unanimous consent which will require all hundred senators to agree for it to be signed into law. I am under no illusions how difficult that may be,” he told the Irish Times.

Added the Times report: Among the key provisions of the E-3 visa is that applicants must have a job in the U.S. to quality and have certain academic or other qualifying credentials. But the E-3 is significantly easier and less costly to obtain that the traditional H1-B visa for professionals.

The report stated that the Irish government’s Department of Justice was looking at options to change the criteria needed for U.S. retirees, including lowering the income threshold needed and allowing retirees to work for up to twenty hours a week.

“It is my ardent hope that in addition to creating future flow Irish immigration to the USA that many undocumented Irish will also qualify for this scheme,” said Lawless.

“We have seen disappointment in the past on immigration legislation, particularly in 2007 and 2013 when we came close, but I am cautiously optimistic in welcoming this new deal, given that the President, the Homeland Security Chief and the Speaker’s Office are pushing this bill forward during the lame duck session.”

Senator Lawless was here highlighting the fact that any future E-3 availability would not, as currently constituted, bring relief to the undocumented Irish, or indeed open the U.S. to potential Irish immigrants with a full spread of job skills.

November29,2018

The US House of Representatives has passed a bill that may see thousands of new visas issued to Irish citizens every year.

The E-3 work visa, a 2-year renewable visa that is currently reserved for Australian nationals only, would be issued to Irish citizens from the remainder of unused visas offered to Australians.

Some 10,500 E-3 visas are offered to Australians who wish to work in America every year, and if the bill receives Senate approval, up to 5,000 Irish citizens will be eligible for the scheme.

The bill was unanimously passed by the House of Representatives during a debate in Congress last night, the Bill must now be approved by the US Senate.

Republican Congressman Jim Sensenbrenner, who sponsored the bill alongside Democrat Richard Neal, said the passing of the bill would add to the "great legacy" between Ireland and the States.

"The United States was built on hard work and the determination of immigrants -many of them who hail from Ireland. Through their perseverance, they have enabled this country to grow and prosper," he said.

"I believe in the value and opportunity that comes with legal immigration. I am pleased to have authored this legislation to make the process more efficient for one of our oldest allies, and add to the great legacy of cultural diversity celebrated our country."

According to Mr Sensenbrenner, applicants outside the US will be able to apply directly at a US consulate, to lengthy processing times with US citizenship and immigration services.

He added that the visa would benefit both Irish and American citizens, including American citizens who wish to "retire" to Ireland with the Department of Justice currently looking to change the criteria needed for US retirees.

"This significant addition to the U.S. immigration system will not only benefit Irish nationals seeking employment in the United States, but also ease restrictions on Americans wanting to live or retire in Ireland."

The visa allows spouses of recipients to work in America, but not their children. Applicants must be employed in a speciality occupation, have necessary credentials and receive a legitimate offer of employment to apply.

November29,2018

The US House of Representatives has passed a bill that may see thousands of new visas issued to Irish citizens every year.

The E-3 work visa, a 2-year renewable visa that is currently reserved for Australian nationals only, would be issued to Irish citizens from the remainder of unused visas offered to Australians.

Some 10,500 E-3 visas are offered to Australians who wish to work in America every year, and if the bill receives Senate approval, up to 5,000 Irish citizens will be eligible for the scheme.

The bill was unanimously passed by the House of Representatives during a debate in Congress last night, the Bill must now be approved by the US Senate.

Republican Congressman Jim Sensenbrenner, who sponsored the bill alongside Democrat Richard Neal, said the passing of the bill would add to the "great legacy" between Ireland and the States.

"The United States was built on hard work and the determination of immigrants -many of them who hail from Ireland. Through their perseverance, they have enabled this country to grow and prosper," he said.

"I believe in the value and opportunity that comes with legal immigration. I am pleased to have authored this legislation to make the process more efficient for one of our oldest allies, and add to the great legacy of cultural diversity celebrated our country."

According to Mr Sensenbrenner, applicants outside the US will be able to apply directly at a US consulate, to lengthy processing times with US citizenship and immigration services.

He added that the visa would benefit both Irish and American citizens, including American citizens who wish to "retire" to Ireland with the Department of Justice currently looking to change the criteria needed for US retirees.

"This significant addition to the U.S. immigration system will not only benefit Irish nationals seeking employment in the United States, but also ease restrictions on Americans wanting to live or retire in Ireland."

The visa allows spouses of recipients to work in America, but not their children. Applicants must be employed in a speciality occupation, have necessary credentials and receive a legitimate offer of employment to apply.

November29,2018

The Congressman introduced the No Retroactive Online Taxation Act of 2018 Nov. 29, a new online sales tax bill that would prohibit states from imposing sales tax collection duties on remote sellers for any sale that occurred prior to June 21, 2018—the day the U.S. Supreme Court delivered the Wayfair decision.

As of Nov. 1, 23 states have seen online sales tax enforcement laws go live.

Sensenbrenner told Bloomberg Tax in September he was he was “very confident” that H.R. 6814 would be considered by the House by the end of 2018. The bill hasn’t moved since its introduction.

The U.S. Supreme Court’s groundbreaking ruling in South Dakota v. Wayfair tossed out Quill Corp. v. North Dakota, the Supreme Court’s 1992 physical presence threshold for when states could tax remote sales. The majority in the 5-4 ruling suggested strongly that South Dakota’s law requiring remote sellers that meet thresholds of $100,000 in annual in-state sales or 200 transactions to collect and remit sales tax would pass constitutional muster.

The court didn’t rule on the validity of South Dakota’s law in the absence of Quill, but that hasn’t stopped states from passing their own versions of it.

November28,2018

Potentially thousands of professionals from Ireland would be eligible for a special skilled guestworker visa under a bill passed by the House Nov. 28.

H.R. 7164, introduced by Reps. James Sensenbrenner (R-Wis.) and Richard Neal (D-Mass.), would add Ireland to the E-3 visa, a workaround for the H-1B visa that’s available solely to workers from Australia. It was approved in the House by voice vote.

The bill would retain the current 10,500 E-3 cap, but Irish workers would be entitled to the difference between 10,500 and the number of visas approved for Australians in the prior fiscal year. Australians currently only use about half of the 10,500 visas they’re allotted.

Spouses and children wouldn’t count toward the visa cap.

The measure differs from an earlier version (H.R. 7100) Sensenbrenner introduced in October, which didn’t give Australians first crack at the visas.

Gaining access to H-1B visas in recent years has been difficult, as demand for the temporary visa for “specialty occupations” far outstrips supply. There are 65,000 H-1B visas available each year, with an additional 20,000 reserved for workers with advanced degrees from U.S. colleges and universities.

U.S. Citizenship and Immigration Services, which administers the visa program, received 190,098 petitions for the visas this year.

The agency also is moving forward with a proposal to change the H-1B lottery to allow for an employer pre-registration process. It also could rework the lottery to ensure that more visas are awarded to workers with advanced degrees.

USCIS Director Francis Cissna has indicated that he wants a regulation finalized by the time the next H-1B lottery rolls around in April. A proposed regulation hasn’t yet been released for public comment.

Sensenbrenner’s bill would allow Irish workers to get around the regular H-1B cap and have their own separate pool of visas for the same type of high-skilled jobs. Employers that hire Irish workers on E-3 visas would have to participate in the E-Verify electronic employment verification system.

Ireland is working on a reciprocal visa for U.S. workers in that country, Sensenbrenner said.

Congressman Sensenbrenner delivered the following remarks on the House floor:

“The United States was built on hard work and the determination of immigrants -many of them who hail from Ireland. Through their perseverance, they have enabled this country to grow and prosper.

I believe in the value and opportunity that comes with legal immigration. I am pleased to have authored this legislation to make the process more efficient for one of our oldest allies, and add to the great legacy of cultural diversity celebrated our country.

This modest proposal would give Irish Nationals the opportunity to work in the U.S. under the non-immigrant visa category of the E-3 Visa, previously reserved only for Australian nationals. Ireland in the meantime, has proposed a reciprocal work visa specific to U.S. nationals so that those wanting to live and work in Ireland can more easily do so.

The E-3 visa is one of the most efficient U.S. visa options. Applicants outside the United States may apply directly at a U.S. consulate, thus avoiding lengthy processing times with U.S. Citizenship and Immigration Services. The visas are granted for 2 year periods (renewable indefinitely), and the spouses of E-3 visa holders are permitted to apply for employment authorization documents.

Currently, 10,500 E-3 visas are allocated each year, yet only half of these are used. This legislation would allow Irish nationals to apply for those visas unused by Australian nationals.

This significant addition to the U.S. immigration system will not only benefit Irish nationals seeking employment in the United States, but also ease restrictions on Americans wanting to live or retire in Ireland.

In conclusion, I would like to say that this does not increase the number of visas that are authorized in total. It merely allows the Irish nationals to apply for the visas that Australian nationals do not want to use on a year-to-year basis.

I urge my colleagues to support the legislation and yield back the balance of my time.”

Congressman Sensenbrenner introduced similar legislation in the 114th Congress.

November28,2018

Sharing is caring – so long as it’s the leftovers that are being shared.

Australia has relented in the face of the Irish bid to secure a portion of Washington’s annual E-3 visa allocation.

But the ground giving is on the basis of, as the Sydney Morning Herald reported: “Almost 11,000 Australians a year will continue to have exclusive access to a prized visa that allows them to work in the U.S. following an intense lobbying campaign by Australian officials in Washington.”

The Sydney daily reported that Australia’s ambassador to the U.S., Joe Hockey, had “gone nuts” over proposed legislation “that could have seen Australians competing with the Irish for access to the plum E3 visa scheme.”

The paper stated in a separate report that “Ireland is trying to muscle in on a special United States visa class that only Australians currently enjoy and which has limited numbers.”

A bill before the House of Representatives, H.R. 7100, co-sponsored by Republican Congressman James Sensenbrenner from Wisconsin and Democratic Congressman, and Chairman of the Friends of Ireland, Richard Neal, from Massachusetts, had proposed to “add Ireland to the E-3 nonimmigrant visa program.”

That bill has since been amended and, as H.R. 7164, is listed for debate and a possible floor vote today in the House of Representatives.

Prior to the bill amending, the precise method of adding had occupied Ambassador Hockey’s mind to the point of his apparently straying from normal diplomatic wording and method and venting his concerns to, among others, House Speaker Paul Ryan.

“It seems the ambassador, Joe Hockey got a bit excited about it,” was the measured, indeed diplomatic, reaction of Billy Cantwell, publisher of the Irish Echo newspaper in Sydney.

Hockey’s reaction to the bill apparently had an effect.

Again reported the Sydney Morning Herald: “That legislation has now been withdrawn and replaced by a new draft bill that guarantees Australians continued access to up to 10,500 E3 visas a year.

“The new bipartisan bill would allow Irish professionals in the U.S. to apply for any unused visas from Australia’s annual quota in the subsequent fiscal year.

“Australia’s first preference was to remain the sole beneficiary of the E3 visa, which was created as part of the 2005 Australia-US Free Trade Agreement.

“But sources said the Australian embassy was ‘comfortable’ with the new legislation and would be recommending members of Congress support the bill.”

The paper noted that despite the advantages inherent in the E-3 visa program, (Australian) uptake of the visa “has been slow and thousands go unused each year.”

It’s these thousands of unused visas that could end up being offered on an annual basis to Irish visa hopefuls.

At the same time, however, all the E-3s in a given year could end up going to Australia if demand from there reaches the 10,500 visa ceiling.

“Roughly 5700 Australians took advantage of the E-3 scheme in 2017, leaving almost half of our annual quota unused,” the Morning Herald noted.

The report additionally stated: “Irish officials have insisted that their goal has only been to gain access to any of Australia’s remaining visas.

“But the Australian embassy was concerned that, under the wording of the initial bill, Australian and Irish professionals would be competing for the same pool of 10,500 visas.

“Australian officials pointed out that applications for the visa have been growing over recent years and Australians could miss out in the future if forced to compete with the Irish.

“Australian officials raised objections with Republican House Speaker Paul Ryan and senior figures in the Trump administration in recent weeks.”

The paper noted that “many members of the US Congress have Irish ancestry, and are sympathetic to the idea of making it easier for Irish professionals to work in America.”

The Visa Weekly website reported that above and beyond Australian concerns about the Irish coming on board the E-3 program, Australian officials also fear that “if the Irish succeed, other countries also might want to be given access” to the E-3 program.

E-3 visas are awarded on a two year basis and can be renewed indefinitely. An E-3 visa holder can be accompanied to the U.S. by a spouse. In many respects the E-3s are not unlike H-1B visas or the extended J-1 Visas.

And E-3 program open to the Irish will not address the issue of the undocumented Irish, or open passage to the U.S. for a broad swathe of potential Irish immigrants as the E-3s, as currently formulated, are focused on people with specific professional qualifications.

H.R. 7164 is expected to come up for debate and a vote late Wednesday afternoon.

The bill specifies that Australians will have access to not more than 10,500 E-3 visas in a fiscal year but goes on to add: “For applicants who are nationals of Ireland, not more than a number equal to the difference between 10,500 and the number of applications approved in the prior fiscal year for aliens who are nationals of the Commonwealth of Australia.”

In other words, Irish applicants will be eligible for those E-3 visas not taken up by Australians in a given fiscal year.

It is possible that there will be a call for a voice vote today on H.R. 7164. If such a call is made and there is no subsequent call for a recorded vote the bill will be considered passed. If there is a call for a recorded vote that vote will be moved forward to tomorrow, Thursday.

November28,2018

The US House of Representatives has voted to extend the E3 visa scheme to Irish citizens during a debate in Congress on Wednesday evening.

Though the Bill must still get Senate approval, its passage through the House marks a major breakthrough in Ireland’s efforts to secure new visa access for Irish citizens who want to live and work in the United States.

Up to 5,000 visas per year could become available under the scheme which is currently only open to Australian citizens.

Speaking in the House on Wednesday evening during the debate, Congressman Richard Neal who co-sponsored the bill with Republican congressman Jim Sensenbrenner, described how more than a million people moved to America from Ireland after the famine. “America to its everlasting credit the land of the great, home of the brave, welcomed them.”

He said that the United States’ relationship with Ireland remains “one of the great relationships in terms of allies that we have in the history of America.”

Mr Sensenbrenner said the proposal would be a significant addition to the US immigration system, noting that it would also ease restrictions on Americans who want to live in Ireland without raising the cap on numbers already extended under the E3 visa scheme.

“The United States was built on hard work and the perseverance of immigrants, many who came from Ireland,” he said.

Senate hurdle

While the Bill only needed a two-third majority to pass in the lower chamber, the Senate requires unanimous consent in order to progress the Bill - a significant hurdle.

The E3 is a two-year renewable visa which allows Australian citizens and their spouses to live and work in the US. Australia negotiated the visa programme in 2005 as part of the US-Australia trade agreement.

The Government’s special envoy to the US Congress John Deasy and the Irish embassy in Washington have been advancing talks with senior figures on Capitol Hill and within the Trump administration about expanding access to the coveted visa scheme to include Irish people.

Concerns from Australia about the impact of the deal on their own access to the visas threatened to scupper the deal in recent weeks. However, it is understood that the Australian embassy in Washington is now on board. Among the assurances they have received is that Irish citizens will only be able to apply for visas not taken up in the first instance by Australia.

As many as 10,500 E3 visas are made available to Australian nationals each year under the 2005 deal between the US and Australia but only half of these are taken up each year.

Among the key provisions of the E3 visa is that applicants must have a job in the US to quality and have certain academic or other qualifying credentials. But the E3 is significantly easier and less costly to obtain that the traditional H1B visa for professionals. Unlike other visas, the two-year E3 visa can be renewed indefinitely and includes spouses.

Speaking on Capitol Hill on Wednesday Mr Deasy said that he welcomed the vote in the House but noted that it now needed to gain approval in the Senate.

“This is an important step for it to have passed the House, but this now goes to the US Senate where it will need to be considered under unanimous consent which will require all 100 Senators to agree for it to be signed into law. I am under no illusions how difficult that may be.”

But officials at the Embassy of Ireland in Washington were tight-lipped, cautioning that the Bill still needed senate approval.

Undocumented Irish

As it stands the Bill only applies to future flows of Irish people rather than undocumented Irish living in the United States.

As part of the negotiations, Ireland has offered to make it easier for US citizens to retire in Ireland. The Department of Justice is looking at options to change the criteria needed for US retirees, including lowering the income threshold needed and allowing retirees to work for up to 20 hours a week.

It is understood that Irish and Australian officials are working closely together on the negotiations as the Bill moves to the Senate phase, including introducing small tweaks to the initial E3 scheme. Crucially for Australia, the proposed legislation says that Irish citizens will be eligible to apply for “not more than a number equal to the difference between 10,500 and the number of applications approved in the prior fiscal year for aliens who are nationals of the Commonwealth of Australia”.

November27,2018

If you want to get a sense for how seriously House Republicans take their oversight responsibilities, you need not look further than the comments of Rep. Matt Gaetz of Florida who serves on the Judiciary Committee. He’s supporting Rep. Jim Jordan of Ohio’s bid to take over the GOP’s top “ranking member” position on Judiciary despite the fact that Jordan only ranks eighth in seniority.

In truth, the Republicans serving on the committee were decimated in the midterms. The chairman, Bob Goodlatte of Virginia decided to retire. Other members who retired or sought other offices include: Darrell Issa of California, Trey Gowdy of South Carolina, and Raúl Labrador of Idaho. Meanwhile, both Karen C. Handel of Georgia and Keith Rothfus of Pennsylvania were defeated.

Technically, Jim Sensenbrenner of Wisconsin is next in line, but he’s already served as the head of Judiciaryand appears to be ineligible. Running instead, in addition to Rep. Jordan, are Rep. Steve Chabot of Ohio and Rep. Doug Collins of Georgia. Based on seniority, the job should go to Chabot, but Rep. Gaetz thinks that Chabot and Collins are the wrong men for the job.

Rep. Matt Gaetz (R-Fla.), a Republican member of the Judiciary Committee, said Jordan is the best choice to be the Republican face of the committee while the GOP is in the minority.

“Collins and Chabot are fine legislators. They have great skill in developing legislation and a vision for leadership. They’d make the best chairmen of the committee,” he said in a statement to POLITICO. “Neither is qualified to be ranking member now. Neither has attended the depositions of key witnesses in the committee’s most important investigations. Jim knows how to fight the battle we are facing. He has internalized the facts and timeline. If he isn’t the ranking member, President Trump will be without the most capable defense we could otherwise offer.”

“Kevin McCarthy,” Gaetz continued, “has the power to make Jim Jordan the lead Republican on Judiciary. If he doesn’t, he is actively screwing President Trump. And they both know it.”

Rep. Gaetz knows that the Judiciary Committee will handle any impeachment hearings, should they occur, as well as many other oversight hearings. He toldBloomberg News that “this committee is going to be covered like the O.J. trial.” He couldn’t be less interested in getting to the truth of how the Russians interfered in our elections or how they might do so again in the future. He doesn’t care in the slightest whether the Trump administration has acted lawfully. He is ready to do battle and offer “the most capable defense.”

The White House sees things much the same way and is hoping to convince soon-to-be House Minority Leader Kevin McCarthy of California to place Rep. Jordan as ranking member on Judiciary, as well as Rep. Mark Meadows of North Carolina in the top spot of the Committee of Oversight and Government Reform. There are six members of the Oversight Committee with more seniority than Rep. Meadows, so neither of these moves can be approved without causing some resentment and consternation within the caucus.

GOP leaders are set to informally discuss the matter Tuesday night as they begin to organize for the next Congress. The Republican Steering Committee, a group of several dozen lawmakers close to GOP leaders, is ultimately responsible for recommending ranking members. Both men would have to be elected to the positions, though lawmakers give leaders’ preferences ample consideration before voting. The Steering Committee meets Wednesday and Thursday.

Reportedly, it is David Bossie and Corey Lewandowski who are pushing this process on the behalf of Donald Trump, showing again that Chief of Staff John Kelly has little control over the West Wing.